Professional Documents
Culture Documents
The Code of Professional Responsibility and Accountability
The Code of Professional Responsibility and Accountability
The Code of Professional Responsibility and Accountability
The existence of a free and an independent society depends upon the recognition of the
concept that justice is based on the rule of law.
As a guardian of the rule of law, every lawyer, as a citizen, owes allegiance to the
Constitution and the laws of the land; as a member of the legal profession, is bound by
its ethical standards in both private and professional matters; as an officer of the court,
assists in the administration of justice; and as a client’s representative, acts responsibly
upon a fiduciary trust.
An ethical lawyer is a lawyer possessed of integrity. Integrity is the sum total of all the
ethical values that every lawyer must embody and exhibit. A lawyer with integrity,
therefore, acts with independence, propriety, fidelity, competence and diligence, equality
and accountability.
CANON I
INDEPENDENCE
SECTION 2. Merit-based practice. — A lawyer shall rely solely on the merits of a cause
and not exert, or give the appearance of, any influence on, nor undermine the authority
of, the court, tribunal or other government agency, or its proceedings. (13a)
SECTION 3. Freedom from improper considerations and external influences. — A lawyer
shall not, in advocating a client’s cause, be influenced by dishonest or immoral
considerations, external influences, or pressure. (n)
SECTION 5. Lawyer’s duty and discretion in procedure and strategy. — A lawyer shall
not allow the client to dictate or determine the procedure in handling the case. (19.03a)
Nevertheless, a lawyer shall respect the client’s decision to settle or compromise the case
after explaining its consequences to the client. (n)
CANON II
PROPRIETY
A lawyer shall, at all times, act with propriety and maintain the appearance of propriety in
personal and professional dealings, observe honesty, respect and courtesy, and uphold
the dignity of the legal profession consistent with the highest standards of ethical
behavior. (n)
SECTION 2. Dignified conduct. — A lawyer shall respect the law, the courts, tribunals,
and other government agencies, their officials, employees, and processes, and act with
courtesy, civility, fairness, and candor towards fellow members of the bar. (8a)
A lawyer shall not engage in conduct that adversely reflects on one’s fitness to practice
law, nor behave in a scandalous manner, whether in public or private life, to the discredit
of the legal profession. (7.03a)
SECTION 3. Safe environment; avoid all forms of abuse or harassment. — A lawyer shall
not create or promote an unsafe or hostile environment, both in private and public
settings, whether online, in workplaces, educational or training institutions, or in
recreational areas.
To this end, a lawyer shall not commit any form of physical, sexual, psychological, or
economic abuse or violence against another person. A lawyer is also prohibited from
engaging in any gender-based harassment or discrimination. (n)
To this end, a lawyer shall not use language which is abusive, intemperate, offensive or
otherwise improper, oral or written, and whether made through traditional or electronic
means, including all forms or types of mass or social media. (8.01a, 11.03a)
SECTION 7. Formal decorum and appearance. — A lawyer shall observe formal decorum
before all courts, tribunals, and other government agencies. (11.01a)
A lawyer’s attire shall be consistent with the dignity of the court, tribunal or other
government agency, with due respect to the person’s sexual orientation, gender identity,
and gender expression. (n)
SECTION 10. Conduct in the presentation of a witness. — A lawyer shall avoid all forms
of impropriety when presenting or confronting a witness. (12.05a)
A lawyer shall not coach, abuse, discriminate against, or harass any witness, in or out of
the court, tribunal, or other government agency, or talk to a witness during a break or
recess in the trial, while a witness is still under examination. Neither shall a lawyer direct,
assist, or abet any misrepresentation or falsehood by a witness. (12.07a, 12.06a)
SECTION 11. False representations or statements; duty to correct. — A lawyer shall not
make false representations or statements. A lawyer shall be liable for any material
damage caused by such false representations or statements.
A lawyer shall not, in demand letters or other similar correspondence, make false
representations or statements, or impute civil, criminal, or administrative liability, without
factual or legal basis.
A lawyer shall correct false or inaccurate statements and information made in relation to
an application for admission to the bar, any pleading, or any other document required by
or submitted to the court, tribunal or agency, as soon as its falsity or inaccuracy is
discovered or made known to him or her. (n)
SECTION 12. Duty to report dishonest, deceitful or misleading conduct. — A lawyer shall
immediately inform a court, tribunal, or other government agency of any dishonest,
deceitful or misleading conduct related to a matter being handled by said lawyer before
such court, tribunal, or other government agency.
A lawyer shall also report to the appropriate authority any transaction or unlawful activity
that is required to be reported under relevant laws, including the submission of covered
and suspicious transactions under regulatory laws, such as those concerning anti-money
laundering. When disclosing or reporting the foregoing information to the appropriate
court, tribunal, or other government agency, the lawyer shall not be deemed to have
violated the lawyer’s duty of confidentiality.
Neither shall a lawyer, directly or indirectly, file or cause to be filed, or assist in the filing
of frivolous or baseless administrative, civil, or criminal complaints against another lawyer.
(n)
SECTION 14. Remedy for grievances; insinuation of improper motive. — A lawyer shall
submit grievances against any officer of a court, tribunal, or other government agency
only through the appropriate remedy and before the proper authorities. (11.04a, 11.05a)
Statements insinuating improper motive on the part of any such officer, which are not
supported by substantial evidence, shall be ground for disciplinary action. (n)
A lawyer shall not make claims of power, influence, or relationship with any officer of a
court, tribunal, or other government agency. (n)
SECTION 16. Duty to report life-threatening situations. — A lawyer who has reasonable
grounds to believe that a life-threatening situation is likely to develop in relation to any
proceeding in any court, tribunal, or other government agency shall immediately report
the same to the proper authorities. (n)
A lawyer shall not, directly or indirectly, advertise legal services on any platform or media
except with the use of dignified, verifiable, and factual information, including biographical
data, contact details, fields of practice, services offered, and the like, so as to allow a
potential client to make an informed choice. In no case shall the permissible
advertisement be self-laudatory. (n)
A lawyer, law firm, or any of their representatives shall not pay or give any benefit or
consideration to any media practitioner, award-giving body, professional organization, or
personality, in anticipation of, or in return for, publicity or recognition, to attract legal
representation, service, or retainership. (3.04a)
SECTION 18. Prohibition against self-promotion. — A lawyer shall not make public
appearances and statements in relation to a terminated case or legal matter for the
purpose of self-promotion, self- aggrandizement, or to seek public sympathy. (n)
SECTION 19. Sub-judice rule. — A lawyer shall not use any forum or medium to comment
or publicize opinion pertaining to a pending proceeding before any court, tribunal, or other
government agency that may:
(b) sway public perception so as to impede, obstruct, or influence the decision of such
court, tribunal, or other government agency, or which tends to tarnish the court’s or
tribunal’s integrity, or
(d) create a widespread perception of guilt or innocence before a final decision. (13.02a)
SECTION 21. Prohibition against gift-giving and donations. — A lawyer shall not directly
or indirectly give gifts, donations, contributions of any value or sort, on any occasion, to
any court, tribunal or government agency, or any of its officers and personnel.
SECTION 22. No undue advantage of ignorance of the law. — A lawyer shall not take
advantage of a non-lawyer’s lack of education or knowledge of the law. (n)
SECTION 23. Instituting multiple cases; forum shopping. — A lawyer shall not knowingly
engage or through gross negligence in forum shopping, which offends against the
administration of justice, and is a falsehood foisted upon the court, tribunal, or other
government agency. (12.02a)
A lawyer shall not institute or advise the client to institute multiple cases to gain leverage
in a case, to harass a party, to delay the proceedings, or to increase the cost of litigation.
(n)
A lawyer, however, may give proper advice and assistance to anyone seeking relief
against perceived unfaithful or neglectful counsel based on the Code. (8.02a)
SECTION 26. Definition of a law firm; choice of firm name. — A law firm is any private
office, partnership, or association, exclusively comprised of a lawyer or lawyers engaged
to practice law, and who hold themselves out as such to the public.
In the choice of a firm name, no false, misleading, or assumed name shall be used. The
continued use of the name of a deceased, incapacitated, or retired partner is permissible
provided that the firm indicates in all its communications that said partner is deceased,
incapacitated, or retired. (3.02a)
SECTION 27. Partner who assumes public office. — When a partner assumes public
office, such partner shall withdraw from the firm and such partner’s name shall be
removed from the firm name, unless allowed by law to practice concurrently. (3.03a)
SECTION 29. Lawyers formerly in government service. — A lawyer who has left
government service shall not engage in private practice pertaining to any matter before
the office where he or she used to be connected within a period of one (1) year from his
or her separation from such office. Justices, judges, clerks of court, city, provincial, and
regional prosecutors shall not appear before any court within the territorial jurisdiction
where they previously served within the same period. (n)
After leaving government service, a lawyer shall not accept an engagement which could
improperly influence the outcome of the proceedings which the lawyer handled or
intervened in, or over which the lawyer previously exercised authority, while in said
service. (6.03a)
Such lawyer in government shall not give anything of value to, or otherwise unduly favor,
any person transacting with his or her office, with the expectation of any benefit in return.
(n)
SECTION 31. Prosecution of criminal cases. — The primary duty of a public prosecutor
is not to convict but to see that justice is done.
The obligations of a public prosecutor shall also be imposed upon lawyers in private
practice who are authorized to prosecute under the direct supervision and control of the
public prosecutor. (6.01a)
SECTION 33. Conflict of interest for lawyers in the academe. — A lawyer serving as a
dean, administrative officer, or faculty member of an educational institution shall disclose
to the institution any adverse interest of a client.
Upon discovery of any adverse interest of the lawyer’s client which directly affects any
student who is under his or her direct supervision and guidance, the lawyer shall likewise
disclose the same to the institution. (n)
A lawyer must direct or supervise a paralegal in the performance of the latter’s delegated
duties.
The lawyer’s duty of confidentiality shall also extend to the services rendered by the
paralegal, who is equally bound to keep the privilege. (n)
SECTION 35. Non-delegable legal tasks. — A lawyer shall not delegate to or permit a
non-lawyer, including a paralegal, to:
(d) to hold himself or herself out as a lawyer, or be named in association with a lawyer in
any pleading or submission to any court, tribunal, or other government agency;
(e) appear in any court, tribunal, or other government agency, or actively participate in
formal legal proceedings on behalf of a client, except when allowed by the law or rules;
(f) conduct negotiations with third parties unless allowed in administrative agencies,
without a lawyer’s supervision or direction;
(h) perform any of the duties that only lawyers may undertake. (9.01a)
These provisions shall not apply to law student practitioners under Rule 138-A of the
Rules of Court. (n)
RESPONSIBLE USE OF SOCIAL MEDIA
A lawyer shall uphold the dignity of the legal profession in all social media interactions in
a manner that enhances the people’s confidence in the legal system, as well as promote
its responsible use. (n)
SECTION 36. Responsible use. — A lawyer shall have the duty to understand the
benefits, risks, and ethical implications associated with the use of social media. (n)
SECTION 37. Online posts. — A lawyer shall ensure that his or her online posts, whether
made in a public or restricted privacy setting that still holds an audience, uphold the dignity
of the legal profession and shield it from disrepute, as well as maintain respect for the
law. (n)
SECTION 39. Prohibition against fraudulent accounts. — A lawyer shall not create,
maintain or operate accounts in social media to hide his or her identity for the purpose of
circumventing the law or the provisions of the CPRA. (n)
SECTION 41. Duty to safeguard client confidences in social media. — A lawyer, who
uses a social media account to communicate with any other person in relation to client
confidences and information, shall exert efforts to prevent the inadvertent or unauthorized
disclosure or use of, or unauthorized access to, such an account. (n)
SECTION 42. Prohibition against influence through social media. — A lawyer shall not
communicate, whether directly or indirectly, with an officer of any court, tribunal, or other
government agency through social media to influence the latter’s performance of official
duties. (n)
SECTION 43. Legal information; legal advice. — Pursuant to a lawyer’s duty to society
and the legal profession, a lawyer may provide general legal information, including in
answer to questions asked, at any fora, through traditional or electronic means, in all
forms or types of mass or social media.
A lawyer who gives legal advice on a specific set of facts as disclosed by a potential client
in such fora or media dispenses Limited Legal Service and shall be bound by all the duties
in the CPRA, in relation to such Limited Legal Service. (n)
SECTION 44. Online posts that could violate conflict of interest. — A lawyer shall exercise
prudence in making posts or comments in social media that could violate the provisions
on conflict of interest under the CPRA. (n)
CANON III
FIDELITY
Fidelity pertains to a lawyer’s duty to uphold the Constitution and the laws of the land, to
assist in the administration of justice as an officer of the court, and to advance or defend
a client’s cause, with full devotion, genuine interest, and zeal in the pursuit of truth and
justice. (n)
SECTION 1. Practice of law. — The practice of law is the rendition of legal service or
performance of acts or the application of law, legal principles, and judgment, in or out of
court, with regard to the circumstances or objectives of a person or a cause, and pursuant
to a lawyer-client relationship or other engagement governed by the Code of Professional
Responsibility and Accountability for lawyers. It includes employment in the public service
or private sector and requires membership in the Philippine bar as qualification. (n)
SECTION 2. The responsible and accountable lawyer. — A lawyer shall uphold the
constitution, obey the laws of the land, promote respect for laws and legal processes,
safeguard human rights, and at all times advance the honor and integrity of the legal
profession. (1a)
As an officer of the court, a lawyer shall uphold the rule of law and conscientiously assist
in the speedy and efficient administration of justice. (12a)
As an advocate, a lawyer shall represent the client with fidelity and zeal within the bounds
of the law and the CPRA. (17a, 19a)
SECTION 4. Authority of lawyer to bind client. — A lawyer can bind a client in a legal
engagement only when so authorized through a written agreement.
The court, tribunal, or other government agency may, on its own initiative or on motion of
either party, on just cause, require a lawyer to produce or prove the authority to appear
on behalf of the client. (R138.21a)
SECTION 6. Fiduciary duty of a lawyer. — A lawyer shall be mindful of the trust and
confidence reposed by the client. (17a)
To this end, a lawyer shall not abuse or exploit the relationship with a client. (n)
SECTION 7. Prohibition against frivolous suits and abuse of court processes. — A lawyer
shall not:
(a) file or encourage the filing of any suit or proceeding not authorized by law or
jurisprudence and without any evidentiary support;
SECTION 9. Duty to call client to rectify fraudulent act. — A lawyer who receives
information that a client has, in the course of the representation, perpetrated a fraud in
relation to any matter subject of the representation before a court, tribunal, or other
government agency, or against any officer thereof, shall promptly call upon the client to
rectify the same. Such fraudulent act on the part of the client shall be a ground for the
termination by the lawyer of the engagement. (19.02a)
However, such liability of the supervising lawyer does not attach upon proof of exercise
of diligence of a good parent of a family in the selection and supervision of subordinate
lawyer, paralegal, or employee. (n)
(a) the supervisory lawyer orders or directs the specific conduct or, with knowledge of the
specific conduct, ratifies it; or
(b) the supervisory lawyer knows of such conduct at a time when it could be prevented or
its consequences avoided or mitigated, but fails to take reasonable remedial action; or
(c) the supervisory lawyer should have known of the conduct so that reasonable remedial
action could have been taken at a time when the consequences of the conduct could
have been avoided or mitigated. (n)
A supervisory lawyer is a lawyer having direct supervisory authority over another lawyer,
including a supervising lawyer under Rule 138-A of the Rules of Court. (ABA 5.1; R138-
A)
SECTION 12. Responsibilities of a supervised lawyer. — A supervised lawyer acting
under the direction of the supervising lawyer, managing partner, or other partners of the
firm is nevertheless bound by the CPRA. (n)
SECTION 13. Conflict of interest. — A lawyer shall not represent conflicting interests
except by written informed consent of all concerned given after a full disclosure of the
facts. (15.03)
(a) A lawyer shall not enter into a business transaction with a client or knowingly acquire
an ownership, possessory, security, or other pecuniary interest adverse to a client unless:
(1) it is shown that the transaction and terms on which the lawyer acquires the interest
are fair and reasonable to the client and are fully disclosed and transmitted in writing in a
manner that can be reasonably understood by the client;
(2) the client is advised in writing of the desirability of seeking, and is given a reasonable
opportunity to seek, the advice of another independent lawyer on the transaction; and
(3) the client gives written informed consent to the essential terms of the transaction and
the lawyer’s role in the transaction, including whether the lawyer is representing the client
in the transaction. (ABA Model Rules, Rule 1.8(a))
(b) A lawyer shall not use confidential information relating to representation of a client
without the client’s written informed consent, except as permitted or required by law or
the CPRA. (ABA Model Rules, Rule 1.8(b))
(c) A lawyer shall not, by undue influence, acquire any substantial gift from a client,
including a testamentary gift, or prepare on behalf of a client an instrument giving the
lawyer such gift, directly or indirectly. (ABA Model Rules, Rule 1.8(c))
(d) Unless with the written informed consent of the client and subject to the application of
the sub judice rule, a lawyer shall not make or negotiate an agreement giving the lawyer
literary or media rights to a portrayal or account based in substantial part on information
relating to the representation. (ABA Model Rules, Rule 1.8(d))
(e) A lawyer shall not accept compensation for representing a client from any person other
than the client, unless:
(f) A lawyer, who represents two or more clients in the same case, in case there is a
settlement or plea-bargaining, shall disclose to all the clients the existence and nature of
all the claims or pleas involved and the participation of each client in the settlement or
plea-bargaining. (ABA Model Rules, Rule 1.8(k))
(2) on substantial matters, in cases where the testimony is essential to the ends of justice,
in which event the lawyer must, during the testimony, entrust the trial of the case to
another counsel. (12.08a) (n)
SECTION 15. Conflict of interest of a lawyer hired by a law firm. — When a lawyer joins
a law firm, it shall be the duty of the lawyer to disclose to the law firm, at the earliest
possible opportunity, his or her previous clients that may have a potential conflict of
interest with the current clients of the law firm. If there is a potential conflict of interest, the
lawyer shall not act on the case or cases of the affected current client. (n)
SECTION 16. Prohibition against dating, romantic or sexual relations with a client. — A
lawyer shall not have dating, romantic, or sexual relations with a client during the
engagement, unless the consensual relationship existed between them before the lawyer-
client relationship commenced. (n)
SECTION 17. Prohibition against conflict-of- interest representation; prospective clients.
— In relation to prospective clients, the following rules shall be observed:
(a) A lawyer shall, at the earliest opportunity, ascertain the existence of any conflict of
interest between a prospective client and current clients, and immediately disclose the
same if found to exist. (15.01a)
In case of an objection by either the prospective or current client, the lawyer shall not
accept the new engagement.
(b) A lawyer shall maintain the private confidences of a prospective client even if no
engagement materializes, and shall not use any such information to further his or her own
interest, or the interest of any current client. (n)
(a) A lawyer shall maintain the private confidences of a former client even after the
termination of the engagement, except upon the written informed consent of the former
client, or as otherwise allowed under the CPRA or other applicable laws or regulations,
or when the information has become generally known. (21a)
(b) A lawyer shall not use information relating to the former representation, except as the
CPRA or applicable laws and regulations would permit or require with respect to a current
or prospective client, or when the information has become generally known. (ABA Model
Rules, Rule 1.9(c))
(c) Unless the former client gives written informed consent, a lawyer who has represented
such client in a legal matter shall not thereafter represent a prospective client in the same
or related legal matter, where the prospective client’s interests are materially adverse to
the former client’s interests. (ABA Model Rules, Rule 1.9(a)) (n)
A lawyer for a corporation or other organization, who is also a member of its board of
directors or trustees, shall determine whether the responsibilities of the two roles may
conflict. In the event of the latter, the lawyer shall disclose the conflict of interest to all
concerned parties. (ABA Model Rules, Rule 1.9 Comment) (n)
SECTION 20. Legal services organization; conflict of interest. — A legal services
organization is any private organization, including a legal aid clinic, partnership,
association, or corporation, whose primary purpose is to provide free legal services.
A lawyer-client relationship shall arise only between the client and the handling lawyers
of the legal services organization. All the lawyers of the legal services organization who
participated in the handling of a legal matter shall be covered by the rule on conflict of
interest and confidentiality. (n)
SECTION 22. Public Attorney’s Office; conflict of interest. — The Public Attorney’s Office
is the primary legal aid service office of the government. In the pursuit of its mandate
under its charter, the Public Attorney’s Office shall ensure ready access to its services by
the marginalized sectors of society in a manner that takes into consideration the
avoidance of potential conflict of interest situations which will leave these marginalized
parties unassisted by counsel.
A conflict of interest of any of the lawyers of the Public Attorney’s Office incident to
services rendered for the Office shall be imputed only to the said lawyer and the lawyer’s
direct supervisor. Such conflict of interest shall not disqualify the rest of the lawyers from
the Public Attorney’s Office from representing the affected client, upon full disclosure to
the latter and written informed consent. (n)
SECTION 23. Amicus curiae. — A lawyer shall not decline, without just cause, a request
by any court, tribunal, or other government agency to act as amicus curiae in any
proceeding relating to the lawyer’s expertise or field of specialization. (14.02a)
SECTION 24. Active involvement in legal education. — A lawyer shall keep abreast of
legal developments, participate in continuing legal education programs, and support
efforts to achieve standards of excellence in law schools as well as in the practical training
of law students.
In addition, a lawyer shall assist the Integrated Bar of the Philippines, law schools, law
alumni associations, law associations, or civic organizations, in educating the public on
the law and jurisprudence. (5a)
The IBP Chapters shall provide supervising lawyers to the legal aid clinics in their
jurisdiction. (n)
SECTION 25. Support for legal internship, apprenticeship and training. — To prepare the
next generation of lawyers for ethical practice, lawyers shall support legal internship and
apprenticeship programs and accept law students for training.
The lawyer shall treat the apprentices as junior colleagues and future counsels, and shall
conscientiously supervise them. (n)
SECTION 26. Prompt payment of membership dues. — A lawyer shall promptly pay the
annual membership dues in the Integrated Bar of the Philippines, unless expressly
exempt from such payment by law or rules. (n)
SECTION 28. Protecting client confidences. — A lawyer shall not reveal the confidences
of the client, including data from the client’s files, except;
(a) When a written informed consent is obtained from the client; (21.03a)
(b) When required by law, such as anti-money laundering statutes, or the Rules of Court;
SECTION 29. Duty of confidentiality by former lawyers of a law firm. — A lawyer shall
continue to be bound by the rule on confidentiality pertaining to clients of his or her
previous law office or law firm. (n)
SECTION 30. Duty of confidentiality of members of a law firm. — A lawyer may disclose
the legal matters entrusted by a client of the firm to the partners and associates, as well
as paralegals, legal assistants, law clerks, legal researchers, law interns, and other non-
legal staff, who are or will be involved in the handling of the client’s account, unless
expressly prohibited by the client. (21.04a)
A lawyer directly entrusted with a client’s confidences shall adopt necessary measures to
prevent other members of the law firm, both legal and non-legal, to whom the client’s
confidences have been shared, from disclosing or using them, without the written
informed consent of the client. (21.05a)
SECTION 31. Prohibition against filial disclosure. — A lawyer shall not discuss a client’s
confidences even with family members. (21.06a)
SECTION 32. Non-disclosure of legal consultation. — A lawyer shall not reveal that he or
she has been consulted about a particular case except to avoid possible conflict of
interest. (21.07a)
SECTION 33. Foreign lawyers. — Foreign lawyers cannot, directly or indirectly, practice
law in the Philippines. (n)
SECTION 34. Active participation in the development of the legal profession. — A lawyer
shall participate in the development of the legal system by initiating or supporting efforts
in law reform, the improvement of the administration of justice, strengthening the judicial
and legal system, and advocacies in areas of special concern such as the environment,
indigenous peoples’ rights, human rights, access to justice and good governance. (4a)
SECTION 35. Limited Legal Services. — Limited Legal Services refer to services for a
specific legal incident, with the expectation by the lawyer and the client that the lawyer
will not provide continuing legal services in the matter. This includes being appointed as
counsel de officio only for arraignment purposes or special appearances to make any
court submission, to give advice, to draft legal documents, to provide legal assistance
before courts or administrative bodies, and the like. (Canada Rules, Rule 3.4-2A)
In all instances, the lawyer shall state that the service being rendered is in the nature of
Limited Legal Services.
A lawyer who renders Limited Legal Services shall be entitled to compensation as may
be agreed upon or provided by the Rules of Court. (n)
SECTION 36. Pro bono Limited Legal Services. — A lawyer appointed by the court
as counsel de oficio shall not refuse to render Limited Legal Services pro bono on the
ground of conflict of interest. Instead, the lawyer shall disclose to all affected parties such
conflict of interest. (n)
In any case, the lawyer may not refuse to render such pro bono legal services to the
person concerned if only to the extent necessary to safeguard the latter’s fundamental
rights and not to deprive such person of remedies available under the law or rules. (2.02a)
A lawyer currently serving in the government shall not be exempt from pro bono service
and may be appointed by any court, tribunal, or other government agency as counsel de
officio, unless prohibited by law, or the applicable Civil Service rules and regulations, or
when there is a conflict of interest with government. (n)
SECTION 37. Duty of confidentiality in Limited Legal Services. — A lawyer who provides
Limited Legal Services must protect the client’s private confidences to the same extent
as if engaged under regular terms. (Canada Rules, Rule 3.4-2D) (n)
SECTION 38. Termination of Limited Legal Services. — Unless governed by Canon III,
Section 36, a lawyer must cease to provide Limited Legal Services to a client when the
lawyer becomes aware that there may be an actual or potential conflict of interest, except
with the written informed consent of the client. (Canada Rules, Rule 3.4-2C)
In all cases, the Limited Legal Services terminates upon the completion of such services.
(n)
SECTION 39. Limited Legal Services of law student practitioners. — The Limited Legal
Services rendered by a law student practitioner under the Clinical Legal Education
Program shall be governed by the CPRA. (n)
SECTION 40. Accountability of legal clinic director and supervising lawyer. — A law
student clinic director and supervising lawyer, under Rule 138-A of the Rules of Court
shall provide meaningful training to law students. They shall assume responsibility for any
work performed by the law student while under their supervision and shall comply with all
the laws, rules, and guidelines pertaining to Law Student Practice. (n)
SECTION 41. Fair and reasonable fees. — A lawyer shall charge only fair and reasonable
fees. (20)
Attorney’s fees shall be deemed fair and reasonable if determined based on the following
factors:
(a) The time spent and the extent of the service rendered or required;
(b) The novelty and difficulty of the issues
involved;
(c) The skill or expertise of the lawyer, including the level of study and experience required
for the engagement;
(d) The probability of losing other engagements as a result of acceptance of the case;
(e) The customary charges for similar services and the recommended schedule of fees,
which the IBP chapter shall provide;
(f) The quantitative or qualitative value of the client’s interest in the engagement, or the
benefits resulting to the client from the service;
(h) The character of the engagement, whether limited, seasonal, or otherwise; and
SECTION 42. Division of fees upon referral. — A lawyer shall, in case of referral of legal
services in favor of another lawyer with the written informed consent of the client, be
entitled to a division of fees in proportion to the work performed and responsibility
assumed. (20.02a)
SECTION 43. Non-Sharing of fees with non- lawyers. — A lawyer shall not share, split,
or divide or stipulate to divide, directly or indirectly, a fee for legal services with persons
or organizations not licensed or authorized to practice law. (9.02a)
SECTION 44. Payment of compensation by third party. — A lawyer shall not receive any
fee, reward, costs, commission, interest, rebate or forwarding allowance or other
compensation from anyone other than the client, except upon the written informed
consent of such client. (20.03a)
Receipt of compensation from someone other than the client must not interfere with the
lawyer’s independence, professional judgment, or the lawyer- client relationship. Neither
should information relating to representation of a client be disclosed in violation of the rule
on privileged communication. (ABA Model Rules, Rule 1.8 – Comment)
SECTION 45. Prompt payment of legal fees. — A lawyer is entitled to prompt payment
from the client of attorney’s fees.
SECTION 46. Controversy over legal fees. — A lawyer shall avoid any controversy with
a client concerning fees for legal services and shall resort to judicial action solely to
prevent imposition, injustice or fraud. (20.04a)
The enforcement of an attorney’s lien shall be treated as an independent claim and shall
in no instance delay the resolution of the main case. The resolution of the lawyer’s claim
may be included in the main judgment or in a separate partial judgment. In the case of a
partial judgment, the same shall be subject of appeal.
An appeal in the main case shall not stay the execution of the lawyer’s lien. In the
execution of the judgment in the main case, the court shall give due consideration to the
pending claim of the lawyer.
If the claim for attorney’s lien arises after a decision has been rendered by the court,
tribunal, or other government agency of origin on the action or proceeding, the claim for
the enforcement of the lien shall be by an independent action. (n)
SECTION 49. Accounting during engagement. — A lawyer, during the existence of the
lawyer- client relationship, shall account for and prepare an inventory of any fund or
property belonging to the client, whether received from the latter or from a third person,
immediately upon such receipt. (16.01a)
When funds are entrusted to a lawyer by a client for a specific purpose, the lawyer shall
use such funds only for the client’s declared purpose. Any unused amount of the entrusted
funds shall be promptly returned to the client upon accomplishment of the stated purpose
or the client’s demand. (n)
SECTION 50. Separate funds. — A lawyer shall keep the funds of the clients separate
and apart from his or her own and those of others kept by the lawyer. (16.02a)
SECTION 52. Prohibition on lending and borrowing; exceptions. — During the existence
of the lawyer-client relationship, a lawyer shall not lend money to a client, except under
urgent and justifiable circumstances. Advances for professional fees and necessary
expenses in a legal matter the lawyer is handling for a client shall not be covered by this
rule.
Neither shall a lawyer borrow money from a client during the existence of the lawyer-client
relationship, unless the client’s interests are fully protected by the nature of the case, or
by independent advice. This rule does not apply to standard commercial transactions for
products or services that the client offers to the public in general, or where the lawyer and
the client have an existing or prior business relationship, or where there is a contract
between the lawyer and the client. (16.04a)
SECTION 53. Termination of engagement by the lawyer. — A lawyer shall terminate the
lawyer- client engagement only for good cause and upon written notice, in any of the
following cases:
(a) When the client pursues an illegal or immoral course of conduct in connection with the
engagement;
(b) When the client insists that the lawyer pursue conduct that is violative of these Canons
and rules;
(c) When the lawyer’s inability to work with a co-counsel will not promote the best interest
of the client;
(d) When the moral predisposition or the mental or physical condition of the lawyer
renders it difficult to carry out the engagement effectively;
(e) When the client deliberately fails to pay the fees for the lawyer’s services, fails to
comply with the retainer agreement, or can no longer be found despite diligent efforts;
The termination of the engagement shall not relieve the client from full payment of all
professional fees due to the lawyer. If the engagement has been reduced to writing, the
lawyer shall be entitled to recover from the client the full compensation stipulated, unless
found by the court, tribunal or other government agency to be unconscionable or
unreasonable under Canon III, Section 41 of the CPRA. (R138.24a)
For the payment of the compensation, the lawyer shall have a charging lien upon all
judgments for the payment of money, and executions issued in pursuance of such
judgment, rendered in the case where the lawyer’s services had been retained by the
client. (R138.26a) (n)
SECTION 55. Termination of engagement upon death. — The death of the lawyer or
client shall terminate the lawyer-client relationship. The death of such lawyer shall not
extinguish the lawyer-client engagement between the law firm and the client handled by
such law firm. (n)
SECTION 56. Accounting and turn over upon termination of engagement. — A lawyer
who is discharged from or terminates the engagement shall, subject to an attorney’s lien,
immediately render a full account of and turn over all documents, evidence, funds, and
properties belonging to the client.
The lawyer shall cooperate with the chosen successor in the orderly transfer of the legal
matter, including all information necessary for the efficient handling of the client’s
representation. (22.02a)
A lawyer shall have a lien upon the funds, documents, and papers of the client which
have lawfully come into his or her possession and may retain the same until the fair and
reasonable fees and disbursements have been paid, and may apply such funds to the
satisfaction thereof. (R138.37a)
CANON IV
A lawyer professionally handling a client’s cause shall, to the best of his or her ability,
observe competence, diligence, commitment, and skill consistent with the fiduciary nature
of the lawyer-client relationship, regardless of the nature of the legal matter or issues
involved, and whether for a fee or pro bono. (n)
With the prior written consent of the client, a lawyer may secure the services of a
collaborating counsel. (18.01a)
SECTION 3. Diligence and punctuality. — A lawyer shall diligently and seasonably act on
any legal matter entrusted by a client. (18.03a)
SECTION 5. Prompt and objective assessment of the merits. — A lawyer shall, after
reasonable inquiry, promptly give an objective assessment of the merits and probable
results of the client’s case. (15.05a)
A lawyer shall explain the viable options to the client to enable an informed decision
regarding the matter. (n)
SECTION 6. Duty to update the client. — A lawyer shall regularly inform the client of the
status and the result of the matter undertaken, and any action in connection thereto, and
shall respond within a reasonable time to the client’s request for information. (18.04a)
SECTION 7. Extension of time to file. — A lawyer shall avoid asking for an extension of
time to file any pleading, motion, or other court submission, except when allowed by the
Rules of Court or for good cause.
When an extension is obtained, the lawyer shall not let the period lapse without submitting
the pleading, motion, or other court submission, except upon the client’s decision not to
pursue the case any further or for other justifiable cause. (12.03a)
The practice of another profession or occupation shall not jeopardize such lawyer’s
competence, integrity, probity, and independence in rendering legal services. (n)
SECTION 10. Non-legal activities. — A lawyer who is engaged in business or other non-
legal profession shall likewise observe the ethical duties and responsibilities of a lawyer
under the CPRA. (n)
CANON V
EQUALITY
Every lawyer shall adhere to the principle of equality and hold firmly the belief that every
person, regardless of nationality or ethnicity, color, sexual orientation or gender identity,
religion, disability, age, marital status, social or economic status, and other like
circumstances, has the fundamental right to equal treatment and representation.
As such, the lawyer shall accord equal respect, attention, dedication and zeal in
advancing the client’s cause, regardless of personal opinion, religious or political beliefs
pertaining on the personal circumstances of the client, except for justifiable reasons. (n)
The lawyer shall observe a higher standard of service suited to the particular needs of the
vulnerable person and shall assert such person’s right to meaningful access to justice.
A vulnerable person is a person who is at a higher risk of harm than others, and shall
include children, the elderly, the homeless, persons with disability, persons deprived of
liberty, human rights victims, victims of domestic violence, victims of armed conflict, those
who are socio-economically disadvantaged, those who belong to racial or ethnic
minorities, or those with debilitating physical or mental conditions. (n)
(a) the lawyer is not in a position to carry out the work effectively or competently due to a
justifiable cause;
An indigent is any person who has no money or property sufficient for food, shelter and
other basic necessities for oneself and one’s family. (R3.21a)
SECTION 4. Standard of service. — A lawyer shall observe the same standard of service
for all clients, regardless of remuneration, except for the higher standard required for
representation of vulnerable persons. (14.04a)
CANON VI
ACCOUNTABILITY
By taking the Lawyer’s Oath, a lawyer becomes a guardian of the law and an administrator
of justice. As such, the lawyer shall observe the highest degree of morality, adhere to rigid
standards of mental fitness, and faithfully comply with the rules of the legal profession.
Failure to honor this covenant makes the lawyer unfit to continue in the practice of law
and accountable to society, the courts, the legal profession, and the client. (n)
Nonetheless, the final order of the Supreme Court shall be published like its decisions in
other cases. (R139-B.18)
A verified complaint filed with the Supreme Court may be referred to the IBP for
investigation, report and recommendation, except when filed directly by the IBP, in which
case, the verified complaint shall be referred to the Office of the Bar Confidant or such
fact-finding body as may be designated. (n)
Complaints for disbarment, suspension and discipline filed against incumbent Justices of
the Court of Appeals, Sandiganbayan, Court of Tax Appeals and judges of lower courts,
or against lawyers in the judicial service, whether they are charged singly or jointly with
other respondents, and whether such complaint deals with acts unrelated to the discharge
of their official functions, shall be forwarded by the IBP to the Supreme Court for
appropriate disposition under Rule 140, as amended. (n)
SECTION 3. Contents of the complaint. — The complaint shall be verified. It shall state
clearly and concisely the acts or omissions complained of and shall be supported by
judicial affidavits of the witnesses and such other documents in support thereof.
If the verified complaint is filed before the IBP, six (6) copies thereof shall be filed with the
Secretary of the IBP or the Secretary of any of its chapters, who shall forthwith transmit
the same to the IBP Board of Governors. (R139-B, sec. 1a; CBD Rules, Rule II, sec. 1)
The list, with the curriculum vitae of the recommended lawyers, shall be submitted by the
IBP within a month from the effectivity of the Code. (n)
An updated list shall be submitted by the IBP to the Supreme Court upon removal,
replacement, or resignation of a lawyer previously designated as Investigating
Commissioner by the Supreme Court.
All approved Investigating Commissioners shall take an oath of office in the form
prescribed by the IBP. A copy of the Investigating Commissioner’s appointment and oath
shall be transmitted to the Supreme Court. (R139-B, sec. 2)
Where an Investigating Commissioner does not disqualify himself or herself, a party may
file the appropriate motion for disqualification before the IBP Board of Governors. The
IBP Board of Governors shall resolve the motion within five days from receipt thereof.
Upon vote of majority of the members present, there being a quorum, the IBP Board of
Governors shall order the disqualification and designate a replace of the disqualified
Investigating Commissioner. The decision of the IBP Board of Governors on the
disqualification shall be final. (R139-B, sec. 2)
SECTION 9. Submissions allowed; verification. — The only submissions allowed are the
complaint, answer, and position papers, all of which shall be verified. (CBD Rules, Rule
III, sec. 1)
(f) Motion for reconsideration of a judgment on the merits, except a motion for
reconsideration of an interlocutory order or resolution. (CBD, Rule III, secs. 1 and 2)
SECTION 11. Lack of prima facie showing of liability; outright dismissal. — Within fifteen
(15) calendar days from assignment by raffle, if the Investigating Commissioner finds no
prima facie showing of liability, the Investigating Commissioner shall recommend the
outright dismissal of the complaint to the Supreme Court. The Supreme Court may adopt
the recommendation and dismiss the complaint outright. Otherwise, the Supreme Court
shall direct the Investigating Commissioner to conduct further proceedings. (R139-B, sec.
5)
The death of the lawyer during the pendency of the case shall cause its dismissal. (n)
SECTION 13. Issuance of summons. — Within fifteen (15) calendar days from
assignment by raffle, the Investigating Commissioner shall issue the required summons,
attaching thereto a copy of the verified complaint and supporting documents, if any. The
summons shall require the respondent to file a verified answer. (CBD, Rule III, sec. 3)
SECTION 14. Verified answer. — The answer shall be verified and filed within thirty (30)
calendar days from receipt of the summons. (CBD, Rule III, sec. 3) The verified answer
shall be accompanied by judicial affidavits of the witnesses and such other documents in
support thereof.
The respondent may, upon motion, for good cause, be given one extension of fifteen (15)
calendar days to file the verified answer.
Two (2) copies of the verified answer shall be filed with the Investigating Commissioner,
with proof of service on the complainant or the latter’s counsel. (R139-B, sec. 6)
SECTION 15. Dismissal after answer. — If the Investigating Commissioner finds that the
complaint is not meritorious based on the verified answer, the Investigating Commissioner
shall recommend to the Supreme Court the dismissal of the complaint. Otherwise, the
Supreme Court shall direct the Investigating Commissioner to conduct further
proceedings. (R139-B, sec. 5)
SECTION 17. Counsel de oficio. — The IBP Board of Governors shall appoint a suitable
member of the Integrated Bar as counsel de officio to assist the complainant or the
respondent during the investigation in case of need for such assistance. (R139-B, sec. 7)
SECTION 18. Investigation. — Upon joinder of issues or upon failure of the respondent
to answer, the Investigating Commissioner shall proceed with the investigation of the
case. However, if despite reasonable notice, the respondent fails to file an answer or
appear, the investigation shall proceed ex parte. In both instances, the investigation shall
proceed with dispatch. (R139-B, sec. 8)
The respondent shall be given full opportunity to defend and be heard, whether through
counsel or not, and to present witnesses. (R139-B, sec. 8)
The Investigating Commissioner shall have the power to issue subpoenae and administer
oaths and affirmations in relation to the conduct of the proceedings. (R139-B, sec. 8)
SECTION 19. Indirect contempt. — Willful failure or refusal to obey a subpoena or any
other lawful order issued by the Investigating Commissioner shall be dealt with as indirect
contempt of court. The Investigating Commissioner shall require the alleged contemnor
to show cause within ten (10) calendar days from notice. Upon receipt of the compliance
or lapse of the period to comply, the Investigating Commissioner may conduct a hearing,
if necessary, in accordance with the procedure set forth under Canon VI, Section 20 for
hearings before the Investigating Commissioner. Such hearing shall be terminated within
fifteen (15) calendar days from commencement. Thereafter, the Investigating
Commissioner shall submit a report and recommendation to the IBP Board of Governors
within a period of fifteen (15) calendar days from termination of the contempt hearing.
(R139-B, sec. 8)
Within thirty (30) calendar days from receipt of the Investigating Commissioner’s report
and recommendation on the contempt charge, the IBP Board of Governors, through a
Resolution, may either adopt, modify or disapprove the recommendation of the
Investigating Commissioner. The action of the IBP Board of Governors shall be
immediately executory. (n)
The action of the IBP Board of Governors may be appealed to the Supreme Court. The
execution of the order of contempt shall not be suspended, unless a bond is filed by the
person adjudged in contempt, in an amount fixed by the IBP Board of Governors,
conditioned upon compliance with and performance of the final action in the contempt
case, if decided against the contemnor. (R71.11)
(a) Admissions;
(d) Judicial affidavits and marked exhibits, accompanied by the lawyer’s certification that
the attached documents are the genuine or faithful reproductions of the original in his or
her custody or possession;
(e) Such other matters as may aid in the prompt disposition of the action.
SECTION 21. Preliminary conference order; position papers. — Within ten (10) calendar
days from receipt of the preliminary conference briefs, the Investigating Commissioner
shall issue a Preliminary Conference Order, on the basis of such briefs submitted by the
parties and counsels, summarizing the stipulated facts, issues and marked exhibits. (n)
The Investigating Commissioner shall further direct the parties to submit their verified
position papers within a non-extendible period of ten (10) calendar days from receipt of
the preliminary conference order. (CBD, Rule V, sec. 2)
SECTION 22. Clarificatory hearing. — Within ten (10) calendar days from receipt of the
last position paper, the Investigating Commissioner shall determine whether there is a
need to conduct a hearing to clarify factual issues and confront witnesses.
If deemed necessary, the Investigating Commissioner shall set the hearing within fifteen
(15) calendar days from such determination, and identify the factual issues to be made
subject of the hearing.
The Investigating Commissioner may subpoena any witness to appear at the hearing to
answer clarificatory questions. Thereafter, the Investigating Commissioner may allow the
parties to confront the witnesses and propound their own clarificatory questions on the
factual issues identified by the Investigating Commissioner. (CBD, Rule V, sec. 3)
SECTION 23. Minutes of proceedings. — The proceedings before the IBP shall be
recorded. (CBD, Rule V, sec. 4)
In case the Investigating Commissioner sets a clarificatory hearing, the report and
recommendation shall be rendered and submitted to the IBP Board of Governors within
a non-extendible period of thirty (30) calendar days from the termination of the hearing.
(CBD, Rule V, secs. 6, 7)
The report and recommendation shall be accompanied by the duly certified transcript of
stenographic notes, or in lieu thereof, the audio recording, if any, or the Investigating
Commissioner’s personal notes duly signed, which should be attached to the records,
together with the evidence presented during the investigation. The submission of the
report need not await the transcription of the stenographic notes, it being sufficient that
the report reproduce substantially from the Investigating Commissioner’s personal notes
any relevant and pertinent testimonies. (R139-B, sec. 10)
SECTION 26. Submission of Resolution by the Board of Governors. – The IBP Board of
Governors shall have a non-extendible period of ninety (90) calendar days from receipt
of the Report and Recommendation of the Investigating Commissioner, within which to
submit to the Supreme Court its Resolution adopting, modifying or disapproving such
Report and Recommendation. (n)
SECTION 27. Depositions. — Depositions may be taken in accordance with the Rules of
Civil Procedure, as amended, with leave of the Investigating Commissioner. (R139-B,
sec. 9)
SECTION 28. Filing and service. — The filing and the service of papers or notices
required by this Canon shall be made with the Commission, or upon the parties
personally, by registered mail, accredited courier, electronic mail or other electronic
means, or as provided for in international conventions to which the Philippines is a party.
(CBD, Rule VI, sec. 3; R13.5)
For this purpose, the office address and the electronic mail address supplied by the lawyer
to the IBP shall be the official addresses to which all notices, orders and processes shall
be served.
Proof of filing and service shall be submitted in accordance with the Rules of Civil
Procedure, as amended. (n)
SECTION 29. Substantial defects; motion to reopen. — Any substantial defect in the
complaint, notice, answer, or in the proceeding or the Investigating Commissioner’s
Report which may result in the miscarriage of justice may be raised as an error before the
Supreme Court, unless the defect results in the deprivation of the right to due process. In
case of the latter, the matter may be brought before the IBP Board of Governors by way
of a motion to reopen within sixty (60) calendar days from knowledge. (R139-B, sec. 11)
SECTION 30. Proceedings initiated before the Supreme Court. — In proceedings
initiated by the Supreme Court, or proceedings commenced by complaint filed with the
Supreme Court, the Supreme Court may refer the case for investigation, report and
recommendation to the Office of the Bar Confidant, or the IBP, or other fact-finding body
that is designated or created by the Supreme Court for such purpose.
Cases referred to the Office of the Bar Confidant, or other fact-finding body, or the IBP
shall proceed in the same manner provided in Sections 5 to 29 of this Canon.
In any event, the report and recommendation on the investigation shall be reviewed
directly by the Supreme Court, which shall take such necessary action on the report and
recommendation as may be warranted. (R140, sec. 12; R139-B, sec. 13)
SECTION 32. Quantum and burden of proof. — In administrative disciplinary cases, the
complainant has the burden of proof to establish with substantial evidence the allegations
against the respondent. Substantial evidence is that amount of relevant evidence which
a reasonable mind might accept as adequate to justify a conclusion. (n)
(b) Serious dishonesty, fraud, or deceit, including falsification of documents and making
untruthful statements;
(d) Gross negligence in the performance of duty, or conduct that is reckless and
inexcusable, which results in the client being deprived of his or her day in court;
(e) Conviction of a crime involving moral turpitude;
(f) Grossly immoral conduct, or an act that is so corrupt or false as to constitute a criminal
act, or so immoral as to be reprehensible to a high degree;
(h) Gross ignorance of the law or procedure, or the disregard of basic rules and settled
jurisprudence, when either is attended by bad faith, malice or corrupt motive;
(l) Open defiance to any order of the court, tribunal, or other government agency;
(n) Willful and deliberate forum shopping, and forum shopping through gross negligence;
(p) Violation of the notarial rules, except reportorial requirements, when attended by bad
faith;
(a) Simple misconduct, or such misconduct without the manifest elements of corruption,
clear intent to violate the law or flagrant disregard of established rules;
(b) Simple negligence in the performance of duty, or such negligence which does not
result in depriving the client of his or her day in court;
(c) Violation of Supreme Court rules and issuances in relation to Bar Matters and
administrative disciplinary proceedings, including willful and deliberate disobedience of
the orders of the Supreme Court and the IBP;
(i) Instituting frivolous or baseless actions, on the basis of a final decision or order
dismissing such action for being frivolous or baseless;
(l) Termination of legal services absent good cause and written notice;
(m) Use of intemperate or offensive language before any court, tribunal, or other
government agency;
(n) Unjustifiable failure or refusal to render an accounting of the funds or properties of a
client;
(a) Violation of IBP rules and issuances governing membership in the IBP;
(c) Fraternizing with the officials or employees of a court, tribunal, or other government
agency where the respondent has a pending case or cases, to such a degree and
frequency as would give the appearance of power or influence over them, or which tends
to create an impression of impropriety;
SECTION 36. Assisting in the commission of an offense. — Any lawyer who shall
knowingly assist another lawyer in the commission of any serious, less serious, or light
offense punished by the CPRA may also be held liable. (n)
(a) If the respondent is found guilty of a serious offense, any of the following sanctions,
or a combination thereof, shall be imposed:
(1) Disbarment;
(2) Suspension from the practice of law for a period exceeding six (6) months;
(3) Revocation of notarial commission and disqualification as notary public for not less
than two (2) years; or
(b) If the respondent is found guilty of a less serious offense, any of the following
sanctions, or a combination thereof, shall be imposed:
(1) Suspension from the practice of law for a period within the range of one (1) month to
six (6) months, or revocation of notarial commission and disqualification as notary public
for less than two(2) years;
(c) If the respondent is found guilty of a light offense, any of the following sanctions shall
be imposed:
(2) Censure; or
(3) Reprimand.
In addition to the above sanctions in paragraph (c), the respondent may also be required
to do community service or service in the IBP legal aid program.
In all instances, when the offense involves money or property owed, which is intrinsically
linked to the lawyer-client relationship, the respondent shall be ordered to return the
same. (n)
(8) Age;
(2) Age;
(7) Failure to comply with the orders of the Court and the IBP in relation to an
administrative case;
SECTION 39. Manner of imposition. — If one (1) or more aggravating circumstances and
no mitigating circumstances are present, the Supreme Court may impose the penalties
of suspension or fine for a period or amount not exceeding double of the maximum
prescribed under this Rule. The Supreme Court may, in its discretion, impose the penalty
of disbarment depending on the number and gravity of the aggravating circumstances.
If there are both aggravating and mitigating circumstances present, the Supreme Court
may offset each other. (R140.20) (n)
SECTION 40. Penalty for multiple offenses. — If the respondent is found liable for more
than one (1) offense arising from separate acts or omissions in a single administrative
proceeding, the Court shall impose separate penalties for each offense. Should the
aggregate of the imposed penalties exceed five (5) years of suspension from the practice
of law or P1,000,000.00 in fines, the respondent may, in the discretion of the Supreme
Court, be meted with the penalty of disbarment.
If a single act or omission gives rise to more than one (1) offense, the respondent shall
still be found liable for all such offenses, but shall, nonetheless, only be meted with the
appropriate penalty for the most serious offense. (R140.21) (n)
SECTION 41. Payment of fines and return of client’s money and property. — When the
penalty imposed is a fine or the respondent is ordered to return the client’s money or
property, the respondent shall pay or return it within a period not exceeding three (3)
months from receipt of the decision or resolution. If unpaid or unreturned, the Court may
cite the respondent in indirect contempt. (R140.22) (n)
SECTION 42. Penalty when the respondent has been previously disbarred. — When the
respondent has been previously disbarred and is subsequently found guilty of a new
charge, the Court may impose a fine or order the disbarred lawyer to return the money or
property to the client, when proper. If the new charge deserves the penalty of a
disbarment or suspension from the practice of law, it shall not be imposed but the penalty
shall be recorded in the personal file of the disbarred lawyer in the Office of the Bar
Confidant or other office designated for the purpose. In the event that the disbarred lawyer
applies for judicial clemency, the penalty so recorded shall be considered in the resolution
of the same. (n)
SECTION 45. Sworn statement after service of suspension. — Upon the expiration of the
period of suspension from the practice of law, the lawyer shall file a Sworn Statement with
the Supreme Court, through the Office of the Bar Confidant, to show that the petitioner,
during the period of suspension:
(a) has not appeared before any court, tribunal or other government agency, whether in
respect of current, former or prospective clients;
(b) has not signed or filed any pleading or other court submission;
(c) has duly informed his or her clients, law firm, law school where the lawyer is teaching,
legal clinic, or other legal service organization of which he or she is a member, regarding
the suspension; and
(d) has not otherwise performed any act, directly or indirectly, that amounts to the practice
of law.
The Sworn Statement shall state the date of the lawyer’s receipt of the order, decision or
resolution imposing the penalty of suspension, as well as a list of the lawyer’s
engagements affected by the suspension, indicating the relevant court, tribunal or other
government agency, if any.
Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP, to the
Executive Judge of the courts where the suspended lawyer has pending cases handled
by him or her, and/or where he or she has appeared as counsel.
SECTION 46. Resumption of practice of law. – The Sworn Statement shall be considered
as proof of the suspended lawyer’s compliance with the order of suspension. Such lawyer
shall be allowed to resume the practice of law upon the filing of the Sworn Statement
before the Supreme Court.
However, any false statement in the Sworn Statement shall be a ground for a complaint
for disbarment.
Within five (5) days from the filing of the Sworn Statement and the Office of the Bar
Confidant determines that there is a false statement stated therein, it shall refer the same
to the Court for its immediate action. (n)
SECTION 47. Reinstatement in the Roll of Attorneys. — A lawyer who has been disbarred
may file a verified petition for judicial clemency after five years from the receipt of the
order, decision, resolution of disbarment. (n)
SECTION 48. Petition for judicial clemency. — The verified petition for judicial clemency
shall allege the following:
(a) that the verified petition was filed after five years from the receipt of the order, decision,
or resolution of disbarment;
(b) that the disbarred lawyer has fully complied with the terms and conditions of all prior
disciplinary orders, including orders for restitution;
(c) that he or she recognizes the wrongfulness and seriousness of the misconduct for
which he or she was disbarred by showing positive acts evidencing reformation;
(d) that he or she has reconciled, or attempted in good faith to reconcile, with the wronged
private offended party in the disbarment case, or if the same is not possible, an
explanation as to why such attempt at reconciliation could not be made.
Where there is no private offended party, the plea for clemency must contain a public
apology; and
(e) notwithstanding the conduct for which the disbarred lawyer was disciplined, he or she
has the requisite good moral character and competence.
Any of the following allegations may also be made in support of the petition:
(a) that he or she still has productive years that can be put to good use if given a chance;
or
(b) there is a showing of promise (such as intellectual aptitude, learning or legal acumen
or contribution to legal scholarship and the development of the legal system or
administrative and other relevant skills), as well as potential for public service. (n)
SECTION 49. Action on the petition for judicial clemency; prima facie merit. — Upon
receipt of the petition, the Supreme Court shall conduct a preliminary evaluation and
determine if the same has prima facie merit based on the criteria.
If the petition has prima facie merit, the Supreme Court shall refer the petition to the Office
of the Bar Confidant or any fact-finding body the Court so designates for investigation,
report and recommendation.
If the petition fails to show any prima facie merit, it shall be denied outright. (n)
SECTION 50. Investigation by the Office of the Bar Confidant or other fact-finding body.
— The Office of the Bar Confidant or any other fact-finding body designated shall conduct
and terminate the investigation and submit to the Supreme Court its report and
recommendation within ninety (90) calendar days from receipt of the referral. (n)
SECTION 51. Decision on the petition for judicial clemency; quantum of evidence. — The
Supreme Court shall decide the petition on the basis of clear and convincing evidence.
(n)
(d) Negotiating or transacting any legal matter for or on behalf of a client with third parties;
or
A suspended lawyer shall immediately cease and desist from the practice of law until the
suspension is lifted by the Supreme Court.
Any client previously represented by a suspended lawyer may engage the services of a
new lawyer.
The disbarment or suspension of a handling lawyer shall not terminate the lawyer-client
engagement between the client and the law firm, unless the client chooses otherwise. (n)
SECTION 53. Costs. — All reasonable and necessary expenses incurred in relation to
disciplinary and disbarment proceedings are lawful charges for which the parties may be
taxed as costs, subject to proof. (R139-B, sec. 19)
GENERAL PROVISIONS
SECTION 1. Retroactive effect. — The CPRA shall be applied to all cases filed after its
effectivity and also retroactively to all pending cases, except to the extent that in the
opinion of the Court, its application would not be feasible or would work injustice, in which
case the procedure under which the cases were filed shall govern. (n)
SECTION 3. Effectivity clause. — The CPRA shall take effect on April 11, 2023 and shall
be published in the Official Gazette or in two newspapers of national circulation. (n)